The History of English Law

In the Western world to-day there are countless systems of law, but broadly speaking, they arise from either of two roots – the Roman Law or the English Law. The English Common Law is native to Britain, but has sprung forth in the United States, in Australia, New Zealand and most of Canada, whereas Scotland, the Continent and South Africa have all taken strong doses of Roman Law.

It is very curious that the Romans should have left their trace on the English language and landscape, but failed to affect their law.

The next influence on English Law was the formidable William the Conqueror (XI century). The English king Henry II (XII century) influenced the English law greatly. To him England owes the Assizes and the jury system as a regular mode of trial. In its early form the jury was a selected body of men who were obliged on oath “to present” for trial all the people in their district who committed crimes. The jury system became more firmly established and trial by jury became compulsory.

The Court of Chancery was established under the Statute of Westminster II (XIII-th century). The Chancellor was at first the King’s secretary. The Court of Chancery dealt with civil matters in Equity.

Relations between Common Law and Chancery Courts grew worse. After the Napoleonic Wars a new Common Court of Appeal was established. Various acts tended to one thing, the fusion of the courts. This was finally achieved by the Judicature Acts of 1873 and 1875. There was to be one Supreme Court consisting of the Court of Appeal and the High Court. For convenience it was divided into three Divisions – Chancery, Queen’s Bench and Probate, Divorce and Admiralty. The age old struggle between Law and Equity was put to rest.

The highest court in the land to-day is the House of Lords. In theory, any peer sitting in the House may take part in an appeal. It is a custom that only those in the Lords holding high judicial office may do so.

Common Law crimes were divided into two classes: felony (the more serious) and misdemeanor (less grave). All felonies were punishable with death. As public opinion cried out against such cruelty capital punishment was abolished for hundreds of offences, and in 1965 it was abolished altogether.